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• Deed reference: Volume 1685, page 322-326 of the General Warranty Deed Records of Hays County, Texas, and more particularly described in Exhibit 2, Land Use Plan. B. Street address: Hunter Road at Wonder World Drive Size: 9.736 acres more or less Legal Description: J.M. Veramendi Survey No. 1, Abstract 17 as shown on the map attached hereto as Exhibit 1. Deed reference: Volume 752, pages 33-42 of the General Warranty Deed Records of Hays County, Texas, and more particularly described in Exhibit 2, Land Use Plan. SECTION 3. Upon the timely completion of all of the conditions set forth in Section 5 of this ordinance, the PDD Land Use Plan for the Purgatory Creek Planned Development District, as attached to this ordinance as Exhibit 2 (the "Land Use Plan") will be deemed to be approved and adopted to regulate the development of the Project Site. The Project Site will be bound by the provisions of the Land Use Plan and the Development Standards as though they were conditions, restrictions and limitations on use of the Project Site under the City's zoning ordinances. Any person, firm, corporation or other entity violating any provisions of the Land • Use Plan or the Development Standards shall be subject to all penalties that apply to violation of the zoning ordinances of the City of San Marcos, as amended. Any person, firm, corporation or other entity violating any provisions of the Land Use Plan or the Development Standards shall be subject to a suit by the City for an injunction to enjoin the violation as though the Land Use Plan and Development Standards were conditions, restrictions and limitations on use of the Project Site under the City's zoning ordinances. SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. SECTION 5. After its original passage, this ordinance will be subject to reconsideration at the next regular City Council meeting. If this ordinance is not reconsidered, or if it is reconsidered and approved, notice of its adoption will be published in a newspaper of general circulation in the City. This ordinance will become effective upon publication of this notice but it shall be deemed void as if it had never been adopted unless all of the following conditions are met on or before September 30, 2009: a. The Texas Department of Transportation has approved the size and location of a curb cut onto Hunter/Hopkins Road and construction plans for a center turn lane and a deceleration lane on that road in substantially the format indicated on the PDD Concept Plan attached to this ordinance.; 0 b. A final plat of the tracts of property described in Section 2 of this ordinance is approved and recorded; and